Peabody spokesperson Beth Sutton said the company is working with state regulators to ensure compliance.

“We believe the minor exceedances reported – which are measured on a standard of parts per billion – were isolated events resulting from near record spring snowmelt runoff following unusually high snowfall in Routt County,” Sutton said via email.

“The water quality of the discharges was appropriate for livestock drinking and does not impact any drinking water sources. Monitoring shows Peabody is currently in compliance with the standard, and the company continues working closely with the state’s Water Quality Control Division to ensure (continued) compliance.”

Selenium pollution from coal mines is a common problem in West Virginia and other mining areas, including British Columbia, where a number of streams in the Elk River Valley have been tainted by the mineral that generally originates from the waste rocks associated with the mines.

High concentrations of selenium are toxic to fish, causing skeletal deformities and reducing the survival rate of young fish. The EPA sets selenium standards to protect aquatic life.

According to the state notice, the Sage Creek mine may have been violating state-set water quality control regulations for 15 months, with the giant coal company potentially facing fines of up to $10,000 per day for the violations.

Jeremy Nichols, climate and energy program director for Wildearth Guardians, said this is the first time he’s seen the state issue a violation notice for a selenium discharge.

He said the mine is Peabody Energy’s new “big play” in Colorado, with talk of potentially exporting coal to Europe or other markets.

Nichols said selenium is already a problem in the Colorado River without additional new discharges.

As a result of elevated selenium concentrations, many western Colorado rivers and streams are listed as impaired, including the main stem of the Colorado River from its confluence with the Gunnison River to the Colorado-Utah border. A 2010 USGS study suggested a gradual decline in selenium, at least in some reaches of the river.

Nichols said the state often reaches consensual agreements in situations where there is a discharge violation, a solution that can be problematic if there’s no followup enforcement.

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